Fired over a rule you didn't know? What the popcorn ruling means
The Labour Court has upheld the reinstatement of a Ster-Kinekor worker fired for tasting popcorn, because the cinema couldn't prove she knew of any ban. Here's what the law says about workplace rules and how to take your case to the CCMA.
Your employer can't fairly fire you for breaking a workplace rule unless it can prove the rule existed and that you knew about it. The Labour Court in Johannesburg has just restated that in a case about a Ster-Kinekor cinema worker who was dismissed for popcorn (The Citizen).
What happened in the popcorn case?
The worker was fired in July 2023 for allegedly eating popcorn in the kitchen at The Zone in Rosebank. She said she put a few kernels in her mouth to check the salt, after a manager told staff to do so following a customer complaint in 2022 that the popcorn was too salty (The Citizen).
The CCMA commissioner believed her version and ordered her reinstatement. Ster-Kinekor Theatres took that award on review to the Labour Court, and lost. Acting Judge Motshekga dismissed the review on 23 October 2026 and made no order as to costs (The Citizen).
The manager admitted at arbitration that he had no document showing she knew of any ban. The judge's point was simple: "Knowing how to make popcorn, however, does not denote knowledge that tasting it for salt is prohibited" (The Citizen).
What does the law say about rules you didn't know about?
The Code of Good Practice: Dismissal, gazetted on 4 September 2025, lists what a commissioner looks at before deciding a misconduct dismissal was fair (Government Gazette 53294; HBG Schindlers):
| Question the CCMA asks | What it means for you |
|---|---|
| Was the rule valid and reasonable? | A rule must make sense for the job |
| Did you know, or should you reasonably have known, about it? | The employer must show the rule was communicated, unless it's obvious |
| Was the rule applied consistently? | Others who did the same should have been treated the same |
| How important is the rule, and what harm was caused? | Minor breaches with little harm weigh less |
| Was dismissal the right sanction? | Many first offences call for a warning, not the sack |
Sources: Code of Good Practice: Dismissal, HBG Schindlers summary
Some rules don't need to be written down, because any reasonable employee would know them (stealing from your employer, for example). For everything else, the burden is on the employer. In the popcorn case the judge said an employer relying on a workplace rule "must prove both the existence of that rule and the employee's awareness of it" (The Citizen).
Can a single offence still get you fired?
Yes. The 2025 code says each case is judged on its merits and one act of serious misconduct can justify dismissal, especially if it makes the working relationship intolerable. It still favours progressive discipline, such as warnings, for less serious offences (HBG Schindlers).
The employer must also follow a fair procedure: you must be told what you're accused of and get a reasonable chance to respond before a decision is made (HBG Schindlers).
What should you do if you were fired over a rule nobody told you about?
You have 30 days from the date of dismissal to refer an unfair dismissal dispute to the CCMA or your bargaining council. If you appealed internally, the 30 days run from the date of the appeal decision (CCMA).
- Fill in LRA Form 7.11, online on the CCMA referral platform or on paper (CCMA).
- Give your employer a copy and keep proof that you did, such as a registered mail slip or a signed receipt (CCMA).
- If you've missed the 30 days, you can still refer the case with a condonation application explaining why you're late (CCMA).
- Ask your employer for the written rule or policy you supposedly broke. If it can't produce one, note that for your case.
The CCMA's helpline is 0861 16 16 16 and its email is [email protected] (CCMA). Lawyers aren't allowed at the first conciliation meeting (CCMA).
Does this mean you can't be disciplined for snacking at work?
No. An employer can make a rule against eating stock or food on duty. What the ruling shows is that the rule has to be clear and communicated, and the employer has to be able to prove that.
FAQ
Can I be fired for breaking a rule I didn't know about?
Generally not fairly. Under the Code of Good Practice: Dismissal, the employer must show the rule existed and that you knew, or could reasonably be expected to know, about it. Obvious rules, like not stealing, don't need to be written down.
How long do I have to take an unfair dismissal to the CCMA?
30 days from the date of dismissal, or from the date of your employer's internal appeal decision. If you're late, you can apply for condonation with your referral.
Which form do I use to refer a dismissal dispute?
LRA Form 7.11. You can submit it on the CCMA's online referral platform, and you must give your employer a copy and keep proof of that.
Can I bring a lawyer to the CCMA?
Not to conciliation, the first meeting. Only the parties, union or employers' organisation representatives and the commissioner attend.